Cited by

Opinions in Louisiana that cite Rabalais v. Nash, 952 So. 2d 653.

65 citing documents.

Lirette Neville, Individually and on Behalf of Her Late Son, Tristen Edgerson (D) v. Lcmc Health Holdings, Inc. … La. Ct. App. 4th Cir. 2025
Robert T. Zibilich Versus Leon G. Shingledecker, Dpm La. Ct. App. 5th Cir. 2025
Commercial Restoration, LLC v. Nanaki, LLC La. Ct. App. 3d Cir. 2024
John Doe v. Dynamic Physical Therapy, LLC and Scott Newton La. Ct. App. 1st Cir. 2024
Succession of Joyce Hymel Gettys La. Ct. App. 5th Cir. 2024
Anthony E. Hill v. Jason Strickland La. Ct. App. 4th Cir. 2024
Anthony E. Hill v. Christine Strickland La. Ct. App. 4th Cir. 2024
Leah Angelique Alexander Versus Thaddeus R Victor La. Ct. App. 5th Cir. 2023
Monica Sebble on Behalf of the Estate of Vivian Lee Brown (D) v. St. Luke's 2, LLC D/B/A … La. Ct. App. 4th Cir. 2023
3/9/07) wherein the Supreme Court found that “[t]here is often no clear distinction between such [willful, wanton, or reckless] conduct and ‘gross’ negligence, and the two have tended to merge and take on the same meaning”).
Frank J. D'amico, Jr. Versus Jamie Lynn Burnthorne Wife of Frank J. D'amico, Jr. La. Ct. App. 5th Cir. 2022
Mathew Whitehead v. Christus Health Central Louisiana La. Ct. App. 3d Cir. 2022
3/9/07), discussed the meaning of “gross negligence,” explaining: ...
Isabella Criswell v. Collette Kelley, City of Shreveport d/b/a Shreveport Police Department, and American Alternative Insurance Corporation La. Ct. App. 2d Cir. 2022
3/9/07), Lenard v. Dilley, 01-1522 (La.
Ivy Dixon v. Louisiana State Police, State of Louisiana, Through the Department of Public Safety and Corrections, Colonel … La. Ct. App. 4th Cir. 2022
Kristin Usner Norton Versus Taylor Montgomery Norton La. Ct. App. 5th Cir. 2021
3/9/07), Martin, 283 So.3d at 1086.
Marta I. Garcia and Lester A. Molina Versus City of Kenner, Kenner Police Department and Ronald Bertucci La. Ct. App. 5th Cir. 2021
Succession of Alma A. Bailey . La. Ct. App. 4th Cir. 2020
Kaitlyn Lebouef Aguillard v. Caleb K. Aguillard La. Ct. App. 3d Cir. 2020
Kaitlyn Lebouef Aguillard v. Caleb K. Aguillard La. Ct. App. 3d Cir. 2020
Fireman's Fund Insurance Company, as Subrogee of Wiley Verstappen and Everest National Insurance Company, as Subrogee of 714 … La. Ct. App. 4th Cir. 2020
3/9/07), and the motion for JNOV, Davis v. Wal-Mart Stores, Inc., 2000-0445, p. 5 (La.
Steven L. Pierce v. Patricia Davis Pierce La. Ct. App. 1st Cir. 2020
3/ 9/ 07), as follows: It is well- settled that a court of appeal may not set aside a trial court' s or a jury' s finding of fact in the absence of manifest error or unless it is clearly wrong.
Causey v. New Orleans Reg'l Transit Auth. 267 So. 3d 187 La. Ct. App. 1st Cir. 2019
Inzinna v. Guitreau 272 So. 3d 582 La. Ct. App. 1st Cir. 2019
3/9/07), , 657 (citing Stobart, 617 So.2d at 883 ).
S.L.B. v. C.E.B. 252 So. 3d 950 La. Ct. App. 1st Cir. 2018
3/9/07), , 657 : It is well-settled that a court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of manifest error or unless it is clearly wrong ....
Bristol ex rel. Child v. Gonzales Police Dep't ex rel. Child 240 So. 3d 232 La. Ct. App. 1st Cir. 2017
Thigpen v. Lacombe 226 So. 3d 1138 La. Ct. App. 1st Cir. 2017
Munger v. Sirenko 224 So. 3d 445 La. Ct. App. 1st Cir. 2017
3/9/07), , 657: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong ....
Lepine v. Lepine 223 So. 3d 666 La. Ct. App. 1st Cir. 2017
Rodriguez v. Claassen 207 So. 3d 490 La. Ct. App. 1st Cir. 2016
3/9/07), , 657: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong — To reverse a fact-finder’s determination, the appellate court must find from the record that a reasonable factual basis does not exist for the
Dvilansky v. Correu 204 So. 3d 686 La. Ct. App. 1st Cir. 2016
3/9/07), , 657: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong — To reverse a fact-finder’s determihation, the appellate court must find from the record a reasonable factual basis.does not exist for the findi
Fin & Feather, LLC v. Plaquemines Parish Government 202 So. 3d 1028 La. Ct. App. 1st Cir. 2016
Skillman v. Riverside Baptist Church of Jefferson Parish 171 So. 3d 407 La. Ct. App. 1st Cir. 2015
Standard of Review In the case of Rabalais v. Nash, 06-0999 (La.3/9/07), , the Louisiana Supreme Court once again set forth the standard of review to be applied to factual determinations of the trial court: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong.
Citron v. Gentilly Carnival Club, Inc. 165 So. 3d 304 La. Ct. App. 1st Cir. 2015
Addressing the meaning of gross negligence, 22 the Louisiana Supreme Court in Rabalais v. Nash, 06-0999, pp. 5-6 (La.3/9/07), , stated: The failure of “due care” is synonymous with ordinary negligence.
D.M.S. v. I.D.S. 225 So. 3d 1127 La. Ct. App. 1st Cir. 2015
Moreover, the standard of review applicable to fact findings of the trial court has been clearly enunciated by our Supreme Court in Rabalais v. Nash, 06-0999, p. 4 (La.3/9/07), , 657: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest' error or unless it is clearly wrong ...
Hobgood v. State Farm Mutual Automobile Insurance Co. 156 So. 3d 1244 La. Ct. App. 1st Cir. 2014
4 Cir. 2/26/14), 135 *-11 , quoting Rabalais v. Nash, 06-0999, p. 4 (La.3/9/07), , 657: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact ...
Young v. Marsh 153 So. 3d 1245 La. Ct. App. 2d Cir. 2014
See Rabalais v. Nash, 06-0999 (La.03/09/07), ; Neloms v. Empire & Marine Insurance Co., 37,786 (La.App.2d Cir.10/16/03), .
Daigle v. Steck 138 So. 3d 1280 La. Ct. App. 1st Cir. 2014
Rabalais v. Nash, 06-0999 (La.3/9/07), .
Price v. Valenti 140 So. 3d 121 La. Ct. App. 1st Cir. 2014
32:24A, B(2), and C applied, and therefore the applicable standard of care was that of “reckless disregard” or “gross negligence.” Gross negligence has been defined as the “want of even slight care and diligence” and the “want of that diligence which even careless men are accustomed to exercise.” Rabalais v. Nash, 06-0999 (La.3/9/07), .
Mary v. Vulevich 136 So. 3d 317 La. Ct. App. 1st Cir. 2014
Rabalais v. Nash, 06-999 (La.3/9/07), .
Hammond v. Rahsaana 135 So. 3d 1207 La. Ct. App. 1st Cir. 2014
The standard of review applicable to fact findings of the trial court has been clearly enunciated by our Supreme Court in Rabalais v. Nash, 06-0999, p. 4 (La.3/9/07), , 657: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong....
Murphy v. 1st Lake Properties, Inc. 116 So. 3d 964 La. Ct. App. 1st Cir. 2013
Rabalais v. Nash, 06-0999 (La.3/9/07), (internal citations omitted).
Tammy Simoneaux v. Lafayette Consolidated Government La. Ct. App. 3d Cir. 2013
Rabalais v. Nash, 2006–0999 (La.3/9/07), Foshee v. Louisiana Farm Bureau Casualty Insurance Co., 41,842 (La.App.
Tammy Simoneaux v. Lafayette Consolidated Government La. Ct. App. 3d Cir. 2013
Rabalais v. Nash, 2006–0999 (La.3/9/07), Foshee v. Louisiana Farm Bureau Casualty Insurance Co., 41,842 (La.App.
Goudia v. Mann 98 So. 3d 364 La. Ct. App. 1st Cir. 2012
5 Cir. 1/13/09) , , writ denied, 09-0546 (La.4/17/09), (citing Rabalais v. Nash, 06-0999 (La.3/9/07), ).
Smith v. City of Shreveport 73 So. 3d 496 La. Ct. App. 2d Cir. 2011
Rabalais v. Nash, 2006-0999 (La.3/9/07)
Griffin v. City of Monroe 61 So. 3d 846 La. Ct. App. 2d Cir. 2011
Rabalais v. Nash, 2006-0999, p. 4 (La.3/9/07)
Miriam H. Dyess v. State Farm Mutual Automobile Ins. Co. La. Ct. App. 3d Cir. 2010
3 Cir. 2/4/09), -24, this court has recently noted: In Rabalais v. Nash, 06-0999, p. 4 (La.3/9/07), the Louisiana Supreme Court has recently reiterated the applicable standard of review as follows: It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is cle
Amos v. Walker 55 So. 3d 129 La. Ct. App. 2d Cir. 2010
Gross negligence has also been termed the “entire absence of care” and the “utter disregard of prudence, amounting to complete neglect of the rights of others.” Rabalais v. Nash, 06-0999 (La.3/9/07), (internal citations omitted).
Burns v. CLK Investments V, L.L.C. 45 So. 3d 1152 La. Ct. App. 1st Cir. 2010
See also Rabalais v. Nash, 06-0999, p. 4 (La.3/9/07)
Moffitt v. Sewerage & Water Board of New Orleans 40 So. 3d 336 La. Ct. App. 1st Cir. 2010
Rabalais v. Nash, 06-0999, p. 4 (La.3/9/07)
Harvey Canal Ltd. Partnership v. Lafayette Insurance Co. 39 So. 3d 619 La. Ct. App. 1st Cir. 2010
Rabalais v. Nash, 06-0999 (La.3/9/07), (citations omitted).